Mayank Selhi VS Saya Homes Private Limited

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

A. P. SAHI, INDER JIT SINGH
Mayank Selhi – Appellant
Versus
Saya Homes Private Limited – Respondent

Advocates:
Counsel for the Parties:
For the Appellants:Mr. Tanay Ayde, Advocate
For the Respondents:Ms. Shruti, Advocate

ORDER

A.P. Sahi, President—This appeal was entertained on 11.08.2023, when the delay was condoned and the notices were issued. The order passed on 11.08.2023, records the issues raised in the appeal and is accordingly extracted herein under:—

“Heard Mr. Tanay Ayde, learned Counsel for the Appellant. There is a stated delay of 19 days but the Registry has reported that there is a delay of 27 days.

Be that as it may, keeping in view the issues raised and even otherwise cause shown is sufficient and therefore deserves to be condoned, subject to the objection by the other side.

The contention raised is just two-fold. The State Commission has rendered the decision in favour of the Appellant, but learned Counsel for the Appellant contends that the Commission has ignored very vital aspects while extending relief, namely, the penalty for delayed possession that admittedly as per clause 14 is as follows:—

14. Failure to deliver possession : Remedy Subject to the terms and conditions of the Agreement, in case of any delay (except for Force Majeure Clause 39 and conditions as mentioned in Clause 11(ii) and 11(iii) by the Company in completion of construction of said Apartment and the Allo